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Patna High Court

Sukhari Chaudhary @ Sukhari ChoudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail and the bail application is allowed.

Summary

The petitioner, Sukhari Chaudhary, was arrested in connection with a narcotics case (Hajipur Town PS Case No. 1294 of 2025) under Sections 8(c), 21(b), 22 and 29 of the NDPS Act. The police, acting on secret information, raided the house of co‑accused Vimal Kumar Mahto and recovered 16.10 grams of a heroin‑like substance from a plastic tent on the roof. The petitioner contended that no contraband was found on his person or premises and that he was falsely implicated, noting that the co‑accused had already been granted bail and that he had no prior criminal record. The State opposed the bail application. After considering the facts and the submissions, the Court held that the petitioner was entitled to regular bail and ordered his release upon furnishing a bail bond of Rs 10,000 with two sureties of the same amount. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail under the NDPS Act despite the recovery of narcotics from the co‑accused’s premises.
  • Whether the petitioner’s continued judicial custody is justified in the absence of any material recovered from him.

Legislation cited

Subjects

  • bail
  • NDPS Act
  • regular bail
  • narcotics
  • judicial custody
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15440 of 2026
                       Arising Out of PS. Case No.-1294 Year-2025 Thana- NAGAR District- Vaishali
                 ======================================================
                 Sukhari Chaudhary @ Sukhari Choudhary, aged about 32 years, male, son of
                 late Rajendra Chaudhary, Resident of village- Konhara, Near I.T.I. College,
                 PS Town Hajipur, Dist. Vaishali.
                                                                            ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vasant Vikas, Advocate
                 For the Opposite Party/s :        Mr.Md. Matloob Rab, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER
2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks regular bail in connection with

                   Hajipur Town P. S. Case No. 1294 of 2025 dated 21.10.2025,

                   registered under Sections 8(c), 21(b), 22 and 29 of the Narcotic

                   Drugs and Psychotropic Substances Act, 1985.

                                3. The prosecution case, in short, is that on the basis

                   of secret information the police conducted a raid at the house of

                   co-accused Vimal Kumar Mahto @ Bantha and recovered 16.10

                   grams of heroin-like substance kept in three separate plastic

                   packets from inside a plastic tent constructed on the roof of the

                   house.

                                4.Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. Further submission is that no incriminating article
           Patna High Court CR. MISC. No.15440 of 2026(2) dt.12-03-2026
                                                       2/2




                     has been recovered from the possession of the petitioner. Rather,

                     the alleged contraband was recovered from inside a plastic tent

                     constructed on the roof of the house of co-accused Vimal Kumar

                     Mahto @ Bantha, who has already been granted bail by a

                     Coordinate Bench of this Court vide order dated 28.01.2026

                     passed in Cr. Misc. No. 3494 of 2026 (Annexure P/2). Lastly,

                     the petitioner is in judicial custody since 22.10.2025 and has no

                     criminal antecedents.

                                  5. Learned Additional Public Prosecutor for the State

                     has opposed the prayer.

                                  6. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, let

                     the petitioner be released on bail upon furnishing bail bonds of

                     Rs.10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of the learned Principal District and

                     Sessions Judge, Vaishali at Hajipur, in connection with Hajipur

                     Town P.S. Case No. 1294 of 2025.

                                  7. The application stands allowed.


                                                  (Khatim Reza, J)
shyambihari/-
U     T


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